Do I Have Legal Grounds To Sue?

[A_Low_Profile]

Hey guys, I recently paid a £200 deposit on a volunteer trip to Borneo, however I have now changed my mind and would rather spend the money and time on something else. The woman who came into my school said that i could claim back 90% (£180) back from the deposit if I choose to cancel. However, when I called the company to inform them that I was quitting, they said that they would not pay me back my money at all. They claim that it is in their terms and conditions that they can keep 10% of the trip cost (£396) and that I was misinformed about the ability to claim back my money. They now refuse to pay back my money despite me being told that I could infact claim my money back. Does this mean I have legal grounds to sue as long as I have evidence that they said I could claim the money back?

[factor-fiction]

Hi- how strong is the evidence you mention? Could it be argued it was a misunderstanding on your part- the 90% figure may have been 90% of the total cost.

[hc4361]

If you can prove that you was told you could claim 90% of the deposit back and you can show that you relied on that statement to such an extent that it was a deciding factor when you booked you can claim under the Small Claims' Procedure in the County Court.

[factor-fiction]

How old are you- are you a pupil or a parent, teacher/ other employee of the school?

[IggyB]

See wiki about misrepresentation http://en.m.wikipedia.org/wiki/Misrepresentation_in_English_law

So in theory you could get your money back but you would need good proof of the statement given especially as you will presumably have entered a contact that set out their terms and conditions which may well have detailed the cancellation policy.

[IggyB]

See wiki about misrepresentation http://en.m.wikipedia.org/wiki/Misrepresentation_in_English_law

So in theory you could get your money back but you would need good proof of the statement given especially as you will presumably have entered a contact that set out their terms and conditions which may well have detailed the cancellation policy.

[Peter Pedant]

s long as youhave evidence that they said you could claim,

then write a letter claiming it
and start a small claim -
now has to be done o line
and say you want to unwind the contract.

misrepresentation act 1967 is made for you as you wish to unwind the contract and not adjust it.

[factor-fiction]

>The woman who came into my school ...
If you are of school age I don't think the contract is valid anyway PP or one of our barristers or other legal eagles will know

[A_Low_Profile]

@factor-fiction I'm a pupil
I have other teachers and pupils saying that they heard the same thing, I'm guessing this is the evidence I would need? I think I may be able to talk to the woman who came into my school and ask her if she remembers saying it, just to be sure.

[woofgang]

what will you do if she says "Oh no, I never said that!"

[Tilly2]

Why don't you just go? You might really enjoy it. Not many people get the chance to go to Borneo for £396. Take the opportunity.

[rockyracoon]

I think your school should get involved in this, they must have invited the charity in to do the talk so they should at the very least have a word with the company, especially as a teacher heard what was said.

[factor-fiction]

I think it may be £3960 Tilly. (I read the £396 as being the 10% the organisers can keep.)

[A_Low_Profile]

yes, just to make it clear, the cost for the trip is £3960

[factor-fiction]

Did you sign anything or pay anything. Or did a parent do it?

[Tilly2]

Sorry, I didn't read your question properly.

[A_Low_Profile]

@factor-fiction I paid with money that i fundraised

[black_cat51]

if you are under 18, you can't enter into a contract.

[sherrardk]

The are two things here - it's not strictly your money (donations) and does it say on any paper work that it is a 'non-refundable' deposit?

[EDDIE51]

Deposits are not normally refundable , I am sure it was a misunderstanding and it was 90% of the full cost of the trip that was refundable.